Kansas 2023-2024 Regular Session

Kansas House Bill HB2174

Introduced
1/25/23  
Refer
1/25/23  

Caption

Authorizing the Kansas human rights commission or any city or county to remove an unlawful restrictive covenant by recording a redacted plat or declaration.

Impact

The bill seeks to enhance the enforcement of fair housing practices by directly addressing the issue of unlawful restrictive covenants that have historically limited property ownership based on discriminatory criteria. By empowering local governments and the Human Rights Commission to act on behalf of affected individuals, HB2174 aims to create a more inclusive housing environment. This bill could significantly impact the real estate and housing markets within Kansas, particularly by removing barriers that have long affected marginalized communities seeking homeownership.

Summary

House Bill 2174 aims to amend the Kansas act against discrimination by enabling the removal of unlawful restrictive covenants from homeowners associations' governing documents. The bill mandates that all homeowners associations must amend their declarations to remove any restrictive covenants that violate state laws against discrimination. This amendment must occur within 60 days of the bill's effective date, without requiring additional approval from membership. Furthermore, if an association fails to comply with a written notice to remove such covenants, the Kansas Human Rights Commission, or any relevant city or county, can take legal action for enforcement.

Contention

Discussion surrounding HB2174 could center on issues of local governance and property rights. Supporters, particularly advocates for housing equality, may argue for the bill's necessity in combatting systemic discrimination in housing. Conversely, some homeowners associations may voice concerns regarding potential overreach by state authorities into local regulations and governance. Additionally, there could be apprehensions about how swiftly such amendments can take place, given the potential inertia within associations and the legal ramifications involved.

Companion Bills

No companion bills found.

Previously Filed As

KS AB1857

An act to add Section 714.8 to the Civil Code, relating to land use.

KS AB1050

Unlawfully restrictive covenants: housing developments.

KS S1080

For the removal of void restrictive covenants

KS H1762

For the removal of void restrictive covenants

KS SB513

Real Property - Unlawfully Restrictive Covenant Modifications - County or Municipality Notice Requirements

KS SF559

Certain restrictive covenants removal fees prohibition

KS H7935

Increases continuing education requirements for physician assistants, removes restrictions of PAs to render charitable care and aid for school and youth programs or cardiac arrest and removes restrictive covenants as to ownership by a PA.

KS S2868

Increases continuing education requirements for physician assistants, removes restrictions of PAs to render charitable care and aid for school and youth programs or cardiac arrest and removes restrictive covenants as to ownership by a PA.

KS SB2481

Residential subdivisions; authorize property owners to establish and/or amend covenants, conditions and restrictions.

KS S08760

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of a protected class in violation of state or federal law.

Similar Bills

IL HB1575

RESTRICT COVENANT MODIFY FEE

HI SB2381

Relating To Corrections.

HI SB104

Relating To Corrections.

NJ A4351

Provides for restricted use driver's license as alternatives for license suspension in municipal court.

NJ A4292

Provides for restricted use driver's license as alternative for license suspension in municipal court.

CA AB1857

Unlawfully restrictive covenants: grocery stores and supermarkets.

NV AB167

Revises provisions relating to the use of corrective room restriction. (BDR 5-769)

HI HB1284

Relating To Pesticides.